15 May 1804

Evidence

Forthcomingness

Ch Investigatorial

Romano Gallic

In causes of different complexions, I find frequent instances, where, after one budget of evidence has been collected, the cause is opened again for the reception of another. As often as this has happened, it is possible and natural enough, that a lot of evidence included in a first batch has /shall//may/ have in the character of indicative evidence, have served for the discovery of this or that lot that came to be included in the next. But this is a sort of information equally apt to result /be afforded/ by the best evidence as by the worst: by that which is most fit to serve for grounding a decision, and by that which is most compleatly unfit for being made any such use of /any such use/. And as no evidence is /seems/ too bad to be at least received in the character of ultimate evidence (whatever regard may come to be paid to it) the occasion does not take place for noting any such distinction as that between a sort of evidence which is fit to be received to help ground a decision in the character of ultimate evidence and that which is not fit to be received in any other character than that of indicative evidence.

As to the promiscuous reception of regular and makeshift evidence in the character of ultimate evidence: in the trial of the Calas s[?] at Toulouse, I observe hearsay evidence at so great a distance as the 5 the remove received and put upon the same line with immediate evidence. In other quarters the imbecility of this species of evidence does not indeed appear to have passed unobserved: but the blame attached /applied/ upon the Judges in that case appears to have been attached not upon the admission given to it, but upon the attention shewn to it. No notice appears to have been taken by other observers how perfectly unexceptional and serviceable this same wretched evidence wretched and scandalous in the character of indicative evidence. No care appears to have been taken either by the Judges or by the public prosecutor, to step from point to point in the chain /proceed from link to link in the chain/ of reporters, till the immediately percipient witness himself, or the falsity of the report which had spoken of Paul or Peter in that character had been brought to light.